ROYAL INS. CO. v. STATE TRANS. COMM., 299 Or. 688 (1985)

705 P.2d 1144

ROYAL INSURANCE COMPANIES, Respondent on Review, v. STATE OF OREGON, OREGON TRANSPORTATION COMMISSION, HIGHWAY DIVISION, Petitioner on Review.

TC 16-83-03206; CA A29388; SC S31476Oregon Supreme Court.Argued and submitted April 2, 1985
Reversed and reinstated August 27, 1985

In Banc

On review from the Court of Appeals.[*]

[*] Appeal from Circuit Court, Lane County. William A. Beckett, Judge. 71 Or. App. 221, 691 P.2d 915.

Michael D. Reynolds, Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the petition were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, and Philip Schradle, Assistant Attorney General, Salem.

Richard A. Roseta, Eugene, argued the cause for respondent on review.

LINDE, J.

Reversed. Judgment of Circuit Court reinstated.

Peterson, C.J., filed a concurring opinion.

Lent, J., filed a specially concurring opinion.

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LINDE, J.

The decision of the Court of Appeals is reversed and the judgment of the Circuit Court is reinstated. Beaver v. Pelett, 299 Or. 664, 705 P.2d 1149 (1985).

PETERSON, C.J., concurring.

I concur in the result. See my concurring opinion in Scovell v. TRK Trans, Inc., 299 Or. 679, 705 P.2d 1144 (1985), and my dissenting opinion in Beaver v. Pelett, 299 Or. 664, 705 P.2d 1149
(1985), both decided this date.[1]

Roberts and Jones, JJ., join in this concurring opinion.

[1] From the opinions in these three cases, it appears that six of us agree that the state may be liable in contribution; four of us agree that the “contribution plaintiff” could not, under former ORS 30.275, recover from the state if the injured person fails to give timely notice; and seven of us agree on the extinguishment question.

LENT, J., specially concurring.

For the reasons stated in my separate opinion in Scovell v. TRK Trans, Inc., 299 Or. 679, 705 P.2d 1144 (1985), I concur in the result reached by the majority.

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